Ordinance 4145ORDINANCE NO. 4145
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN IMMEDIATE BAN
ON THE USE OF NON-COMPOSTABLE SINGLE -
USE PLASTIC UTENSILS BY CITY STAFF AT CITY
EVENTS AND ADOPTING A CITY-WIDE BAN ON
USE OF NON-COMPOSTABLE SINGLE USE
PLASTIC UTENSILS BY FOOD SERVICE
BUSINESSES EFFECTIVE JANUARY 1, 2020.
WHEREAS, the City of Edmonds Climate Change Action Plan states our vision
by 2050 as: "Edmonds is one of many flourishing communities in the Puget Sound region
of Western Washington with our energy coming from nearly 100% renewable sources, our
waste streams approaching zero, and nearly all our products and services obtained from
sustainable sources"; and
WHEREAS, in the Edmonds' Comprehensive Plan's Community Stability Element,
Community Health Goal and Policy BA states: "Promote a healthy community by seeking
to protect and enhance the natural environment through a balanced program of education,
regulation, and incentives. Environmental programs in Edmonds should be tailored to and
reflect the unique opportunities and challenges embodied in a mature, sea -side community
with a history of environmental protection and awareness"; and
WHEREAS, the Edmonds City Council adopted Resolution 1357 on April 16,
2016, which adopts both "Zero Waste Washington" and the State of Washington's
"Beyond Waste Plan" as long-term goals to eliminate waste and pollution in the extraction,
manufacture, transportation, storage, use, reuse, and recycling of materials; and
WHEREAS, these goals can be supported through strategies, policies, and action
plans that significantly reduce waste and pollution; and
WHEREAS, a June 2017 University of Washington study that sampled sand on
twelve Puget Sound Beaches (including Marina Beach in Edmonds) found: "small plastics
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are widespread along the shore of Puget Sound. All 12 samples contained microplastics,
at an average of 1,776 pieces per 3-foot-square sampling plot"; and
WHEREAS, approximately 8.8 million tons of plastic pollution flow into the ocean
each year, and this amount is expected to double by 2025; and
WHEREAS, durable (e.g., metal, glass, wood, etc.) straws are now readily available
alternatives to single -use straws, reducing the need for eateries to provide single -use straws
to patrons; and
WHEREAS, only 9% of the plastic produced to date has been recycled, and annual
recycling rates in the U.S. have stagnated at around 9% since 2012; and
WHEREAS, plastic breaks down into smaller pieces that can turn into microplastic,
which is becoming more prevalent in salt water bodies and has been shown to enter the
marine food chain; and
WHEREAS, single use plastic products are commonly transported into salt water
bodies from land -based sources via rivers/streams and stormwater conveyance systems; and
WHEREAS, plastic straws are consistently cited as one of the top ten contributors to
marine debris pollution; and
WHEREAS, while paper straw costs are approximately triple the average cost of
plastic straws ($0.015 vs. $0.005), restaurants now utilizing paper straws report —when
only supplying straws on demand —patrons request straws only 1/3 of the time, negating
the net cost difference between paper and plastic straws; and
WHEREAS, while the average cost of compostable cutlery is approximately triple
the cost of plastic cutlery (roughly $0.03 versus $0.01 per item), the net cost of these
items can be mitigated by providing single use compostable cutlery only on demand; and
WHEREAS, recognizing the negative environmental effects caused by single use
plastics, hundreds of restaurants around the United States have already voluntarily stopped
providing plastic straws and plastic cutlery; and
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WHEREAS, food service businesses should be strongly encouraged to provide
paper- based straws when patrons request straws, as they are both compostable and break
down into inert components when exposed to the marine environment; and
WHEREAS, municipalities such as Seattle, WA, Santa Cruz, CA, Malibu, CA,
Davis, CA, San Luis Obispo, CA, Miami Beach, FL, Fort Myers, FL and others now have
single use plastics bans in effect, and entire countries such as Scotland and Taiwan have
announced plans to introduce similar bans; and
WHEREAS, compostable alternatives to plastic straws, plastic stirrers and non-
compostable plastic cutlery are now readily available in the retail and wholesale markets;
and
WHEREAS, the City of Edmonds desires to protect the integrity of the natural
environment and wildlife from litter and pollution caused by plastic straws, plastic stirrers
and plastic cutlery; and
WHEREAS, this Ordinance will serve the interest of public health, safety, and
welfare as well as the environment by reducing litter and pollutants on the land and into the
waters of the city and beyond; and
WHEREAS, notifying the local food industry now of the single -use plastic utensil
ban that will take effect in 2020 will provide the food industry a fair opportunity to use up
their current supplies of single -use plastic utensils before the ordinance takes effect;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The city council adopts the following new chapter 6.95 of the Edmonds
City Code, entitled "Single -use Plastic Utensils -- Prohibition":
6.95.010 Definitions. For purposes of this chapter, the following
definitions shall apply.
A. " Utensil" or "utensils" means a product designed to be used by a
consumer to facilitate the consumption of food or beverages, including straws,
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forks, knives, spoons, sporks, cocktail picks, chopsticks, splash sticks, stirrers, and
similar products. "Utensil" or "utensils" does not include plates, bowls, cups, and
other products used to contain food or beverages.
B. "Food service businesses" means full -service restaurants, fast food
restaurants, cafes, delicatessens, coffee shops, grocery stores, retail food vendors,
home delivery services, non-profit food providers, vending trucks or carts, farmers
markets, business or institutional cafeterias, or other similar businesses selling or
providing food within the City of Edmonds for consumption on or off the premises.
C. "Single -use plastic utensils" means a non-compostable utensil that is made
from plastic and that is neither intended nor suitable for continuous re -use.
D. "Compostable utensils" means utensils that are capable of being
completely broken down into stable products in a controlled, aerobic, commercial
process that results in a material safe and desirable as a soil amendment or when
discharged into stormwater.
6.95.020 Single -use plastic utensils -- Prohibition.
A. The City may not provide single -use plastic utensils at any City facility
or City -sponsored event. No City department or facility shall purchase or acquire
single -use plastic utensils. All parties who contract with the City for provision of
public events shall be prohibited from using single -use plastic utensils in City
facilities.
B. Effective January 1, 2020, food service businesses shall be prohibited
from purchasing, acquiring, using, or providing single -use plastic utensils to their
customers, except as otherwise provided under subsection C and D, below.
C. The prohibition shall not apply to:
1. Single -use plastic utensils when needed due to medical or physical
conditions and for whom compostable utensils are unsuitable; and
2. Compostable plastic utensils.
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D. The mayor or designee is authorized to provide renewable one-year
waivers or other relief that apply to use of certain single -use plastic utensils. Such
waivers or relief shall be granted only for circumstances where commonly used
composting technology cannot produce a suitable compostable utensil.
6.95.030 Violations. A violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and
disposition of infractions issued for violations of this chapter shall be in accordance
with Chapter 7.80 RCW. The penalty for violation of a provision of this chapter shall
be $100.00. The penalty for a second or subsequent offense in violation of the
provision of this chapter within two years of any previous offense shall be $250.00.
Section 2_ Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, that decision shall not affect the validity
of the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take
effect thirty (30) days after final passage of this ordinance.
ATTEST/AUTHENTICATED:
G CLERK, CO ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
W 0 . P"-,-
ff
r•
APPROVED:
)a-. _�' �9 F'n e4' .Q
MAYOR DAVE EARLING
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FILED WITH THE CITY CLERK: March 1, 2019
PASSED BY THE CITY COUNCIL: March 5, 2019
PUBLISHED: March 8, 2019
EFFECTIVE DATE: April 7, 2019
ORDINANCE NO. 4145
SUMMARY OF ORDINANCE NO.4145
of the City of Edmonds, Washington
On the 51h day of March, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4145. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN IMMEDIATE BAN
ON THE USE OF NON-COMPOSTABLE SINGLE -
USE PLASTIC UTENSILS BY CITY STAFF AT CITY
EVENTS AND ADOPTING A CITY-WIDE BAN ON
USE OF NON-COMPOSTABLE SINGLE USE
PLASTIC UTENSILS BY FOOD SERVICE
BUSINESSES EFFECTIVE JANUARY 1, 2020.
The full text of this Ordinance will be mailed upon request.
DATED this 61h day of March, 2019.
CITY CLERK, SC T PASSEY
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH847704 ORDINANCE NO.
4145 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
03/08/2019 and ending on 03/08/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee fo=m(hpublication is
$29.24.
Subscribed and sworn before me on this 's~� \� I it
day of
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1111ilioP WASt'',`�Z'
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Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
SUMMARY OF ORDINANCE NO. 4I45
0"" Cily Of EEmentsB, WoslYnymn
On the 51h doy of 1.,0. 20t9. the City Council .1 Cie City 01
EdmdndS, Pa56ed Ordinance No- 4148. A summary of thA content
of Baits ordinance, coniNUA9 of Ole Mlle, prwldes as faBlewa.
AN ORDINANCE OF THE CITY OF EDMONDS.
WABHINGTON, ADOPTING+ AN IMMEDIATE BAN ON 7HP
USE OF NON-COMPOSTABLE SINGLE -USE PLASTIC
UTENSILS SY CITY STAFF AT GTY EVENTS AND
ADOPTING A CITY -MADE BAN ON USE OF NON
COMPOSTABLE SINGLE USE PLASTIC UTENSILS BY
FOOD SERVIQR BV$INFa46ES EFFECTIVE JANUARY 1,
2020.
The full text ofshli Ordinanca will be mallets uW reOUel t.
DATED (my Sul day of March, 2al0.
CETY CL.£RX, SCOTT PASSEY
PubNehed: Marco'B, 20
10� BDHe47704
Proofed by Sheppard, Dicy, 03/08/2019 09:10:54 am Page: 2